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Most speech is constitutional, even if it hurts somebodys feelings; or they disagree. But all speech is not permitted.

Paul G. Summers| Guest Columnist

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917 Society Founder Joni Bryan spoke with Tennessean Opinion Editor David Plazas.

Nashville Tennessean

Editor's note:This is a regular feature on issues related to the Constitution and civicswritten by Paul G. Summers,retired judge and state attorney general.

The U.S. Constitution is the supreme law of America. Amendments are part of the Constitution. The first 10 amendments, or Bill of Rights, were submitted to the state legislatures in September 1789. The Bill of Rights was ratified in December 1791.

Our Constitution provides for three separate branches of government: legislative, executive and judicial. The first two are political; the judiciary is not. Judges must be independent, follow the rule of law, and act as checks and balances on abuse of power by other branches.

The Supreme Court ultimately decides whether a law or activity of any of the three branches of government comports with the Constitution. The independence of the third branch is the crown jewel of our democratic republic.

Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Amendment prohibits any governmental interference regarding freedoms of religion; speech; the press; peaceful assembly; and ability to petition our government.

It prohibits any laws that create a national religion or hinders the free exercise of religion, abridge freedom of speech or of the press (media publication). This amendment prohibits any law that interferes with people who peaceably assemble or petition our government over issues or grievances.

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The First Amendment has been interpreted by the Supreme Court as applicable to the federal government and the states, including political subdivisions, pursuant to the Due Process provision of the Fourteenth Amendment.

The First Amendment has limits - particularly if another persons rights might be violated. Although the amendment separates church from the state, there are limits. For example, someone could not injure or harm another even if they claimed such injury was part of my religion.

Likewise, bus transportation for religious schools generally does not violate the Establishment Clause of the First Amendment.

Most speech is constitutional, even if it hurts somebodys feelings; or they disagree. But all speech is not permitted. For example, laws prohibiting actual threats to public officials are forbidden, as in a threat to a federal judge.

Likewise, some pornographic laws are constitutional. Some are not. Finally, it is obvious that one can peaceably assemble or petition the government, but one cannot do it violently. One must use common sense and discretion.

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We live in a free society and make independent decisions, so long as they do not violate the inherent freedoms of others.

In case of doubt or argument, our Supreme Court makes the final decision.

Congress and the President decide on policies and the laws, and the Court decides on constitutionality.

Our Founding Fathers were not only smart, but clairvoyant.

We continue with the Second Amendment in the next article.

Please study your Constitution.

Paul G. Summers, lawyer, is a former appellate and senior judge; district attorney general; and the Attorney General of Tennessee. Raised in Fayette County, Judge Summers resides in Holladay and Nashville.

Originally posted here:
What are the five freedoms in the First Amendment? | Opinion - Tennessean